62 d Congress) 
1st Session J 


SENATE 


/ Document 
I No. 88 


OFFICIAL BALLOT OF HUGHES COUNTT, 
S. DAK., FOR THE "ELECTION OF 
NOVEMBER 8, 1910 




PRESENTED BY MR. HEYBURN 
August 8, 1911.—Ordered to be printed 


WASHINGTON 

1911 










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OFFICIAL BALLOT, NOVEMBER 8, 1910, HUGHES COUNTY, 

S. DAK. 


Voters desiring to A’ote for a law will make a cross in the square before the 
word YES. Those desiring to vote against a law will make a cross in the 
square in front of the word NO. 

Chapter 30. 

(S. B. 162.) 

AN ACT Entitled: An Act Providing that Organized Counties of This State 
May Determine by Ballot Whether the Sale of Spirituous, Vinous, Malt, 
Brewed, Fermented or Other Intoxicating Liquors Shall Be Permitted within 
Their Respective Limits. 

Whekeas, Under the provisions of Section 1 of Article 3 of the 
Constitution, and Article 3 of Chapter 2 of the Political Code, a 
petition has been filed in the office of the secretary of state, signed 
by more than five per centum of the qualified electors of the state 
in the manner and form therein directed, petitioning that the fol¬ 
lowing proposed law be enacted and submitted to a vote of the elec¬ 
tors of the state at the next general election to be held in the year 
1910. Certified copies of said petition having been transmitted to 
the senate and the house of representatives by the secretary of state: 

Be It Enacted hy the Legislature of the State of South Dakota: 

I § 1. That the following act be and the same is hereby enacted and 
i submitted to the electors of this state at the next general election 
for their approval: 

I “An Act Providing that Organized Counties in tbis State May Determine by 
Ballot Whether the Sale of Spirituous, Vinous, Malt, Brewed, Fermented or 
Other Intoxicating Liquors Shall be Permitted Within Their Respective 
Limits.” 

Be It Enacted hy the People of South Dakota: 

Section 1. At any regular general election held in this state, as 
provided in Section 1864 of the Revised Political Code of 1903, the 
question of whether the sale of spirituous, vinous, malt, brewed, 
fermented or other intoxicating liquors shall be permitted at any 
place within the corporate limits of any organized county in this 
state, may be submitted to the legal voters thereof upon a petition 
signed by not less than ten per cent of the qualifie^lectors of such 
county. Said petition shall be filed with the county auditor at least 
sixty days before the election and shall state that a county vote is 
desired upon the question: “Shall the sale of spirituous, vinous, 

3 





4 OFFICIAL BALLOT OF HUGHES COUNTY^ S. DAK. 

malt, brewed, fermented or other intoxicating liquors be permitted 

in_.!_(naming the county) county? and also that the 

signers of said petition are legal voters of th^e county, together with 
their occupation and postoffice addresses. It shall be the duty of 
the county commissioners of the county wherein such petition has 
been filed to determine the sufficiency of such petition and Ic^nd 
sufficient to order a vote to be taken upon such question at the next 
general election. Notice of such vote shall be given in the same 
manner and form as notice of general elections as now provided by 
law. The question shall be submitted upon a separate ballot con¬ 
forming with the general election laws ol the state, upon which shall 
be printed the words “ Shall the sale of spirituous, vinous, malt, 
brewed, fermented or other intoxicating liquors be permitted in 

_(naming the county) county?” before which words 

shall be printed the words “ Yes” and “ No” and at the left of each 
of said words shall be printed a circle and any voter in favor of 
permitting said sale shall mark a cross (X) in the circle at the left 
of the word “ Yes,” and any voter opposed to permitting said sale 
shall mark a cross (X) in the circle at the left of the word “ No.” 
Said election shall be conducted in the same manner and form as near 
as may be applicable, as now provided by law for the submission of 
said question to the electors of a township, toAvn or city under the 
general election laws of the state, except as herein otherwise pro¬ 
vided. If a majority of the voters of such county shall vote in 
favor of permitting such sale of said liquors within such county, then 
and in that case nothing in this act shall be so construed as to pre¬ 
vent said question of selling intoxicating liquors from being sub¬ 
mitted to the electors of any township, town or city at the annual 
municipal election thereof as now provided by law, for the next en¬ 
suing two years, and annual permits for such sale may be granted 
in those townships, towns and cities that shall cast a majority vote 
in favor thereof at their regular annual municipal elections as now 
provided by law. But it shall not be lawful to grant such permits 
in any other township, town or city in such county, nor shall any 
such permit be granted after the expiration of two years unless at 
the next general election, a vote shall have been had in accordance 
with the provisions of this act, and a majority of the voters of such 
county shall have voted in favor of permitting such sale, but if a 
majority of said voters shall vote against permitting such sale, no 
such permits shall be granted anywhere within said county from and 
after the first day of July next following such election. 

Provided^ that at any time before the general election to be held 
in the year 1912 said question of permitting the sale of said liquors 
shall be submitted to the electors of any county of the state, at a 
special election called for that purpose, when a petition signed by at 
least twenty per cent of the qualified electors of said county shall be 
filed with the county auditor. The sufficiency of said petition shall 
be determined and a special election ordered and said election shall 
be conducted in manner and form as near as may be as the same is 
hereinbefore provided for the submission of said question to the 
electors of any county at any general election. 

§ 2. In determining whether petition asking for a county 
vote on the question of permitting the sale of spirituous, vinous, malt, 
brewed, fermented or other intoxicating liquors in any county, con- 




OFFICIAL BALLOT OF HUGHES COUNTY, S. DAK. 


5 


tains the requisite percentage of legal voters as signers, said per¬ 
centage shall be based upon the total vote for governor at the last 
preceding general election. 

§ 3. Any person or persons who shall engage in the business of 
selling any of said liquors in any township, town or city in any 
county without a permit, as hereinbefore provided and contrary to 
the provisions of this act, shall be guilty of a misdemeanor, and 
upon conviction, shall be punished as now provided by section 2838 
of the Eevised Political Code of 1903. 

Approved February IT, 1909. 


□ YES 

□ NO 


Shall the Above Measure Become a Law of the State? 
Chapter 27. 


(S. B. 35.) 

AN ACT Entitled: An Act Requiring All Railway Corporations or Receivers or 
Lessee Operating a Line of Railway in the State of South Dakota to Equip 
Its Locomotive Engines Used for the Passenger Trains with Electric or Other 
Headlights of not Less than Fifteen Hundred Candle Power Without the Aid 
of a Reflector and Giving the Railroad Commissioners Power t» Order Head¬ 
lights of Such Candle Power as They May Deem Necessary on All Other Loco¬ 
motive Engines, and Providing a Penalty for the Violation of This Act. 

Be it enacted by the Legislatnre of the State of South Dakota: 

§ 1. It shall be the duty of every railroad corporation or receivers 
or lessee thereof operating a line of railroad in this state, within four 
months after the passage of this act to equip all locomotive engines 
used in the transportation of passenger trains over said railroad with 
electric headlights of not less than fifteen hundred candle power, 
measured without the aid of a reflector, or with other headlights of 
not less than fifteen hundred candle power, measured without the aid 
of a reflector. 

§ 2. The railroad commissioners of the state of South Dakota are 
hereby authorized and it shall be their duty to order headlights of 
such candle power as they may deem necessary on all locomotive en¬ 
gines used in the transportation of trains other than passenger trains 
in the state of South Dakota, giving railroad companies a reasonable 
time in which to comply with the order; provided, that such time 
shall not exceed nine months after such order is made. 

§ 3. Any railroad company or the receiver or lessee thereof operat¬ 
ing any line of railroad in the state of South Dakota which shall 
violate the provisions of this act or shall refuse to comply with the 
order of railroad commissioners as provided for in section two of this 
act, shall be liable to the state of South Dakota for a penalty of not 
less than one hundred dollars, nor more than one thousand dollars, 
for each offense, and such penalities shall be recovered and suit 
brought in the name of the state of South Dakota in a court of proper 
jurisdiction by the attorney general or the state’s attorney of any 
county in or through which such line of railway may be operated. 
Approved February 16, 1909. 

□ YES 

Shall the Above Measure Become a Law of this State? 

□ NO 


6 


OFFICIAL BALLOT OF HUGHES COUNTY^ S. DAK. 


Chapter 107. 

(H. B.130) 

AN ACT to Amend Section 1804 of the Revised Political Code, Relating to Re¬ 
movals from Office and Providing for Suspensions from Office Pending Pro¬ 
ceedings for Removal. 

Be It Enacted hy the Legislature of the State of South Dakota: 

§ 1. That Section 1804 of the Political Code of the state of South 
Dakota be and the same is hereby amended to read as follows: 

Section 1804. All constitutional officers of this state not liable to 
impeachment and all elective county, township, city, municipal, and 
precinct officers, except members of the legislature, may be removed 
from office by the governor, after notice and hearing, for misconduct 
or malfeasance or crime or misdemeanor in office or for drunkenness 
or gross incompetency or habitual or wilful neglect of duty. 

§ 2. At any time after the commencement of proceedings for the 
removal of an officer from office under the provisions of the forego¬ 
ing section, the governor may, in his discretion, suspend such officer 
from the functions of his office until the matter is disposed of; and if 
such suspension takes place the governor shall temporarily fill the 
office by appointment. 

§ 3. All acts and parts of acts in conflict with the provisions of 
this act are hereby repealed, except that nothing in this act shall be 
construed to deprive the circuit court of such powers as it may have 
for the removal of officers from office under the provisions of Sections 
1806, 1807, 1808, 1809 of the Kevised Political Code of 1903. 

Approved February 26, 1909. 

□ YES 

Shall the Above Measure Become a Law of the State ? 

□ NO 


Chapter 211. 

(S. B. 267.) 

AN ACT To Regulate the Transportation of Dead Bodies and to Provide for 
Examination and License of Einbalmers. 

Be It Enacted by the Legislature of the State of South Dakota: 

§ 1. It shall be unlawful for any person to embalm or otherwise 
prepare for transportation by railway or other public conveyance, 
the dead body of any human being, or to embalm or otherwise pre¬ 
pare any such body, or practice, or publicly profess to practice the 
art of embalming without first obtaining, from the state board of 
health, a license authorizing him to practice embalming in this state. 
^ j applicants for license to practice embalming shall have 
attained the age of twenty-one years and shall have not less than two 
years practical experience in business for himself, and two years 
under a licensed embalmer in this state, or in lieu thereof, shall have 
had a practical experience of not less than one year under a licensed 
embalmer, and have completed the regular course of instructions in 
a school of embalming recognized as being in good standing by the 
state board of health of South Dakota; in addition to all^said re- 


OFFICIAL BALLOT OF HUGHES COUNTY, S. DAK. 7 

quirements, each applicant for an embalmer’s license shall have 
actually embalmed not less than five bodies under the supervision 
of a licensed embalmer, prior to the day of examination. He shall 
also demonstrate his proficiency as an embalmer by operations on 
cadaver. Each applicant for examination shall file with the secre¬ 
tary of the state board of health not later than ten days prior to the 
date of the next examination, a sworn statement of his age and other 
qualifications as required by this act, and a certificate of good moral 
character, signed by three responsible citizens, one of whom must be 
a licensed embalmer personally acquainted with the applicant for 
at least one year. All applications under this act shall be upon 
blanks furnished by the state board of health. 

§ 3. It shall be unlawful for any railway agent, express agent, 
baggage master, conductor, or other person acting as such, to receive 
the dead body of any person for shipment, or transportation by rail¬ 
way or other public conveyance, to or from any point in this, state 
or to a point outside this state, unless said body be accompanied by 
a removal or shipping permit signed by the health officer of the 
local board of health, and a certificate, attached to the outside box 
containing such body, showing the name and official number of the 
embalmer by whom it was prepared; and the method of preparation 
employed; 'provided^ that nothing in this act shall be construed as 
to prevent the shipment of dead bodies intended for use for anatomi¬ 
cal purposes within this state when the same are so designated by 
the shipper. 

§ 4. All acts or parts of acts in conflict with this act are hereby 
repealed. 

Approved March 5, 1909. 

□ YES 

Shall the Above Measure Become a Law of the State? 

□ NO 


Chapter 52. 

(H. B. 278) 

AN ACT Entitled: An Act to Provide for the Organization, Maintenance, 
Equipment and Regulation of the National Guard and of the Militia of the 
State of South Dakota; and an Act to Repeal Chapter 23 of the Revised 
Political Code of 1903. and Chapter 185 of the I.aws of 1903, Relating to the 
Militia of the State of South Dakota. 

Be it enacted hy the Legislature of the State of South Dakota: 

§ 1. Militia, What Constitutes.] All the able-bodied male citizens 
of’this state and every able-bodied male of foreign birth who has de¬ 
clared his intention to become a citizen, who is more than eighteen 
and less than forty-five years of age, and who are residents of this 
state, shall constitute the militia, subject to the following exceptions: 

1. Persons exempted by the laws of the United States. 

2. Persons exempted by the laws of this state. 

3. The members of any regularly organized fire or police depart¬ 
ment in any city, village or town, and exempt firemen who have 
served their full term in any fire company, but no member of the 
organized militia shall be relieved from duty because of his joining 
any such fire company or department. 


8 


OFFICIAL BALLOT OF HUGHES COUNTY, S. DAK. 


4. Judges and clerks of courts of record, registers of deeds, sheriffs, 
county auditors, county treasurers, ministers of the gospel, practicing 
physicians, superintendents, officers and assistants of hospitals, pris¬ 
ons and jails, conductors and engineers of railways. 

5. Idiots, lunatics, paupers, vagabonds, confirmed drunkards, per¬ 
sons addicted to the use of narcotic drugs, and persons convicted of 
infamous crimes. 

All such exempted persons except those mentioned in subdivisions 
1 and 5 shall be available for military duty in case of insurrection, 
war, invasion or imminent danger thereof. 

§ 2. Enrollment.] Whenever the governor shall deem it neces¬ 
sary, he may order an enrollment to be made by either civil or mili¬ 
tary officers designated by him, of all persons liable to serve in the 
militia. Such enrollment shall state the name, residence, age and 
occupation of the persons enrolled and their previous or existing 
military or naval service. Three copies shall be made thereof; one 
shall be retained by the enrolling officer, one filed in the office of the 
auditor of the county in which t& enrollment is made, and the origi¬ 
nal in the office of the adjutant general. County auditors shall be 
required to make such enrollment, if demanded by the governor, 
without additional expense to the state. 

§ 3. Notice of Enrollment. Exemption Claims.] The officer mak¬ 
ing the enrollment shall, at the time of making the same, serve a 
notice of such enrollment upon each person enrolled, by delivering to 
him such notice or leaving it with some person of suitable age and 
discretion at his place of residence. All persons claiming exemption 
must, within fifteen days after the service of such notice, file a writ¬ 
ten statement of such exemption, verified by affidavit in the office of 
the county auditor. Such county auditor shall thereupon, if such 
person be exempted according to law, mark the word “ Exempt ” 
opposite his name; and the remainder of all thus enrolled, and not 
found to be exempt, shall constitute the militia of this state, and 
such county auditor shall transmit a copy of such corrected roll to 
the adjutant general. The commanding officer of each organization 
in the National Guard and the heads of the fire and police depart¬ 
ments in each city or town shall, whenever an enrollment is ordered, 
file in the office of the county auditor of his county a certified list 
of the names of all persons in his command or department. 

§ 4. Examination of Assessment Eolls and Poll Lists.] The 
assessors in each city, village, town, township or ward in this state, 
shall allow persons appointed to make such enrollment, at all proper 
times, to examine their assessment rolls and take copies thereof, and 
the auditors of all counties and clerks of all towns and cities shall in 
like manner, at all proper times, allow such persons to examine and 
copy the poll lists on file in their office. All persons shall, upon the 
and enrollment, give the name of 


all proper information concerning 


1 ^ - v" ui 1 -iV -T—fe any person within their 

toowledge, liable to be enrolled, and any person concealing or giving 
dalse information or refusing to give information requested as above 
required shall be guilty of a misdemeanor, and if convicted shall be 
fined a sum not to exceed ten dollars for each and every offense so 
committed The officer making the enrollment shall, within ten days 
report to the adjutant general the names of all persons who shall fail 
or neglect to give information as above required. 


OFFICIAL BAKLOT OF HUGHES COUNTY, S. DAK. 


9 


§ 5. Designation and Classification of the Militia.] The militia 
of this state shall be divided into two classes: The organized and the 
reserve militm. The organized militia shall consist of the organized 
and uniformed military forces of the state, which shall be known as 
the National Guard of the state; the reserve militia shall consist of 
all those liable to service in the militia but not serving in the Na¬ 
tional Guard. 

§ 6. Commander-in-Chief.] The governor of the state, by virtue 
of his office, shall be the commander-in-chief of the militia of the 
state, except of such portions as may at times be in the service of the 
United States. 

No armed military force from another state, territory or district 
shall be permitted to enter the state for the purpose of doing mili¬ 
tary duty therein without the permission of the governor, unless 
such force is part of the United States army or is acting under the 
authority of the United States. 

§ T. General Staff.] The staff of the governor shall consist of 
one adjutant general, with such other staff officers as shall be neces¬ 
sary and appointed in the various departments under the adjutant 
general. The adjutant general shall have the rank of brigadier gen¬ 
eral. The adjutant general’s department shall include the depart¬ 
ments heretofore known and designated as quartermaster general’s, 
inspector general’s, ordnance, and medical departments, and the ad¬ 
jutant general shall be chief and at the head of each of these depart¬ 
ments. The adjutant general shall be appointed by the governor 
from the officers of the National Guard above the rank of captain, 
and shall serve for a period of two years or until his successor is ap¬ 
pointed and qualified; provided^ that nothing in this act relative to 
the appointment and term of office of the adjutant general or any 
officer shall be construed to in any way conflict with the laws, rules 
and regulations of the United States, relative to the apportionment 
to this state of funds and equipment under the provisions of Section 
1661, Kevised Statutes of United States, as amended, or other acts 
of Congress. The various staff officers in the various departments 
or such as are necessary, shall be appointed by the governor and com¬ 
missioned by him upon the recommendation of the adjutant general 
and shall hold office during his pleasure. All commissions to officers 
of the National Guard shall be issued by the governor and counter¬ 
signed by the adjutant general. All officers whose duties require 
them to account for any property belonging to the state or the 
United States shall give good and sufficient bond for the faithful 
accounting for the same in such sum as shall be designated by the 
governor or adjutant general, such bond to be approved by the adju¬ 
tant general. 

§ 8. Power of the Governor in Case of Invasion, etc.] The gov¬ 
ernor shall have power, in a case of insurrection, invasion, tumult, 
riot or breach of the peace or imminent danger thereof, to order into 
the active service of the state any part of the militia that he may 
deem proper. When the militia of this state or any part thereof is 
called forth under the Constitution and laws of the United States, 
the governor shall order out for service the organized militia or 
such parts thereof as may be necessary, and if the number available 
be insufficient he shall order out such part of the reserve militia as 
he may deem necessary. During the absence of organizations of the 


20 OFFICIAL BALLOT OF HUGHES COUNTY^ S. DAK. 

National Guard in the service of the United States their state desig¬ 
nations shall not be given to new organizations. 

§ 9. Drafts or Volunteers from Militia.] Whenever it shall be 
necessary to call out any portion of the reserve militia for active 
duty, the governor shall direct his order to the mayor of any city or 
the president of any town or township board, who, upon the receipt 
of the same, shall forthwith proceed to draft, by lot, as many of the 
reserve militia in his city, town or township, or accept as many jol" 
unteers, as are required by the governor, and shall forthwith for¬ 
ward to the governor a list of the persons so drafted or accepted as 
volunteers. 

§ 10. Punishment for Failure to Appear.] Every member ot the 
militia ordered out, or who volunteers or is drafted, under the pp- 
visions of this act, and does not appear at the time and place desig¬ 
nated by his commanding officer, the mayor, or president of the 
town or township board, within twenty-four hours from such tirne, 
or who does not produce a sworn certificate of physical disability 
from a physician in good standing, to so appear, shall be taken to 
be a deserter, and dealt with as prescribed in the articles of war of 
the United States. 

§ 11. Organizations of Keserve Militia, When Ordered Out.] The 
portion of reserve militia ordered out or accepted into service, as 
indicated in Sections 8 and 9 of this act, shall be immediately mus¬ 
tered into service of the state for three years, or such less i^eriod as 
the governor may direct, and shall be organized into troops, bat¬ 
teries or companies which may be arranged into extra squadrons, 
battalions or regiments, or assigned to organizations of the National 
Guard already existing. The governor is authorized to appoint the 
officers necessary to commence or complete any organization thus 
created. Such new organizations shall be equipped, disciplined and 
governed according to this military code and the military regulations 
of this state. 

§ 12. Proclamation of State of Insurrection.] Whenever any por¬ 
tion of the militia is employed in the aid of the civil authorities, the 
governor, if in his judgment the maintenance of law and order will 
thereby be promoted, may by proclamation declare the county, town 
or city in which the troops are serving, or any specified portion 
thereof, to be in a state of insurrection. 

§ 13. Occasions When the Articles of War of the United States 
Are to be Enforced.] MTienever any portion of the militia shall be 
on duty under or pursuant to the orders of the governor, or shall be 
on duty or ordered to assemble for duty in time of war, insurrection, 
invasion, public danger, or to aid the civil authorities on account of 
any breach of the peace, tumult, riot, resistance to process of this 
state, or imminent danger thereof, or for any other cause, the articles 
of war governing the army of the United States, and the regulations 
prescribed for the army of the United States, as far as 5 uch regula¬ 
tions are consistent with this act and the regulations issued there¬ 
under, shall be enforced and regarded as a part of this act until said 
forces shall duly be relieved from such duty. 

As to offenses committed when such articles of war are so in force 
courtsmartial shall possess, in addition to the jurisdiction and power 
of sentence and punishment herein vested in them all additional 
jurisdiction and power of sentence and punishment exercisable bv 


OFFICIAL BALLOT OF HUGHES COUNTY, S. DAK. 


11 


like courts under such articles of war or the regulations or laws gov¬ 
erning* the United States army or the customs and usages thereof, but 
no punishment under such rules and articles Avhich shall extend to 
the taking of life shall, in any case, be inflicted except in time of 
actual war, invasion or insurrection, declared by proclamation of 
the governor to exist, and then only after approval by the governor 
of the sentence inflicting such punishment. Imprisonments other 
than in guardhouse shall be executed in jails or prisons designated 
by the governor for such purpose. 

§ 14. Eelief from Civil or Criminal Liability.] Members of the 
militia ordered into the active service of the state by any proper 
authority shall not be liable, civilly or criminall}^, for any act or acts 
done by them while on duty and in the proper discharge of their 
duty, except as otherwise provided in this act; and no person belong¬ 
ing to the militia in active service of the state shall be arrested on 
any civil process while going to, remaining at, or returning from 
any place at which he may be required to attend for military duties. 
Any portion of the militia performing any duty in active service 
shall have a right of way in any street or highway through which 
they may pass; 'provided^ the carriage of the United States mail and 
the progress and operation of fire engines and fire departments shall 
not be interfered with thereby. 

Every member of the National Guard of this state shall be exempt 
while he is such member of the National Guard from the payment of 
all poll tax and from service on any jury, and from all poll tax after 
he shall have served three enlistments and received honorable dis¬ 
charge from the service. 

§ 15. The Adjutant General.] The adjutant general shall be in 
control of the military department of the state, and subordinate only 
to the governor in matters pertaining to said department. He will 
perform such duties as pertain to the adjutant general and the other 
chiefs of staff departments, under the regulations and customs of 
the United States army. He will superintend the preparation of all 
returns and reports required by the United States from the state, 
and will perform all the duties prescribed for him in this military 
code. 

He shall keep a register of all the officers of the militia of the state, 
and keep in his office all records and papers required to be kept and 
filed therein, and make a report on or before the thirty-first day of 
December in each year to the governor, including a detailed state¬ 
ment of all the expenditures for military purposes during that year. 

All military records, banners and relics of the state except when 
in lawful use, shall be under the control of the adjutant general, and 
it shall be his duty to take safe and proper care of the same. 

He shall, at the expense of the state, when necessary, cause the 
militia law, the general regulations of the state, and the articles of 
war of the United States to be printed, indexed, and bound in proper 
and compact form, and distributed to the commissioned officers, sher- 
iflfs, county auditors and county treasurers of this state, at the rate 
of one copy to each; and to each commissioned officer and head¬ 
quarters he shall issue one copy of the necessary text books and of 
such annual reports concerning the militia as the governor may 
direct. 


12 


OFFICIAL BALLOT OF HUGHES COUNTY, S. DAK. 


He shall cause to be prepared and issued all necessary blank books, 
blanks, forms and notices required to carry into full effect the provi¬ 
sions of this act. All such books and blanks shall be and remain the 
property of the state. ■, n ^ . i. 

The seal now used in the office of the adjutant general of this state 
shall be the seal of his office, and shall be delivered by him to his 
successor. 

The adjutant general may have such assistants, clerks and em¬ 
ployes in his department and the other various departments of which 
he is the head, and as many laborers as may be required from time 
to time, subject to the approval of the governor. The assistants in 
the various departments under the adjutant general shall be ap¬ 
pointed and commissioned by the governor upon* the recomrnendation 
of the adjutant general, and shall be entitled to all the rights and 
privileges granted to officers of the National Guard in this act. The 
clerks and employes shall be appointed and the laborers hired by the 
adjutant general. The general staff officers appointed by the gov¬ 
ernor as herein provided, shall hold such rank, not above that of 
colonel, as is consistent with their position and duties and as recom¬ 
mended b}^ the adjutant general. 

In order that the National Guard may receive the benefit of the 
funds provided by congress it shall be the duty of the adjutant gen¬ 
eral of the state to submit a plan of proposed field or camp service 
of instructions for the ensuing year, with an estimate of funds re¬ 
quired for payment, subsistence and transportation of the portion 
of the National Guard participating therein; said estimate to fur¬ 
nish the details and to be made out in the form required by the in¬ 
structions from the secretary of war. 

He shall make such regulations pertaining to the preparation of 
reports and returns and to the care and preservation of property for 
military purposes, whether belonging to the state or to the United 
States, as in his opinion the conditions demand; such regulations to 
be operative and in force when promulgated in the form of general 
orders, circulars, or letters of instruction. 

The adjutant general shall also be quartermaster general. 

As quartermaster general he may require his assistants, who shall 
be members of the National Guard, to give bonds with sufficient 
surety in such an amount as he shall deem sufficient, to the people of 
the state, conditioned for the faithful performance of their duty, 
such bonds to be approved by him and filed in the office of the secre¬ 
tary of state. 

He shall attend to the care, preservation, safe keeping and repair¬ 
ing of the arms, ordnance, accouterments, equipments, and all other 
military property belonging to the state or issued to the state by the 
government of the United States for the purpose of arming and 
equipping the organized militia. All military property of the state 
which, after a proper inspection, shall be found unsuitable for the 
use of the state, shall, under the direction of the governor, be disposed 
of by the quartennaster general at public auction after suitable ad¬ 
vertisement of the sale, daily for ten days, in at least one legal news¬ 
paper published in the city or county where the sale is to take place; 
or the same may be sold at private sale Avhen so ordered by the gov¬ 
ernor. He shall bid in the property or suspend the sale whenever, 
in his opinion, better prices may or should be obtained. He shall 


OFFICIAL BALLOT OF HUGHES COUNTY^ S. DAK. 13 

from time to time render to the governor a just and true account of 
the sales made by him, and shall deposit the proceeds of all sales so 
made with the state treasurer to the credit of the special militia fund. 

lie shall be responsible for all the arms, ordnance, accouterments, 
equipments and all other military property which may be issued to 
the state by the secretary of war in compliance with law; and it shall 
thereafter be his duty to prepare returns of said arms and other 
property of the United States at the times and in the manner re¬ 
quested by the secretary of war. 

He shall upon the order of the governor turn in to the ordnance de¬ 
partment of the United States army and rifles, carbines, bayonets, 
bayonet scabbards, gun slings, belts and other such necessary accou¬ 
trements and equipments, the property of the United States and now 
in possession of the state, which may be replaced, from time to time, 
by new arms, equipments, etc., sent by the United States in substitu¬ 
tion therefor, and cause the same to be shipped under instructions 
from the secretary of war to the designated arsenal or depot at the 
expense of the United States. And when the National Guard of the 
state shall be fully armed and equipped with standard arms and the 
standard equipment and accoutrement of the United States army, he 
shall^cause all the remaining arms, equipments, etc., the property of 
the United States and in possession of the state, to be transferred and 
shipped as above directed, under instructions from the secretary of 
war. 

He shall keep a just and true account of all expenses necessarily 
incurred, including pay of officers and enlisted men, subsistence of 
militia, transportation of the militia, and of all military property of 
the state, and such expenses shall be audited and paid in the same 
manner as other military accounts are audited and paid. 

He shall issue such military property as the governor shall direct, 
and under his direction make purchases for that purpose. No mili¬ 
tary property shall be issued to persons or organizations other than 
those belonging to the organized militia except to such portions of 
the reserve militia as may be called out by the governor. 

Purchases of i^roperty not exceeding one hundred dollars in value 
shall be made in such manner as the quartermaster general may direct. 
If such purchase requires an expenditure exceeding one hundred dol¬ 
lars and not exceeding flve hundred dollars the quartermaster general 
shall procure Avritten proposals to furnish such property from at 
least tAvo parties, and shall purchase such property from the lowest 
responsible bidder. If such purchase shall require the expenditure 
of a sum exceeding five hundred dollars he shall publicly advertise, 
for not less than ten days, for sealed proposals for furnishing such 
property; such proposals shall be publicly opened by the quarter¬ 
master general at the place, day and hour designated in such adver¬ 
tisement. ^ The quartermaster general shall, if the governor approve, 
make contracts with the lowest responsible bidder to furnish such 
property. All proposals and contracts made under the authority 
hereby conferred shall be filed in the office of the adjutant general. 
The quartermaster general is authorized and directed, whenever, in 
his opinion, it shall be to the interest of the state, to require a party 
who shall agree to furnish such property to give bond to the people 
of this state in such sum and Avith such surety as he shall direct, con¬ 
ditioned for the faithful performance of such agreement or contract. 


14 OFFICIAL BALLOT OF HUGHES COUNTY^ S. DAK. 

In case of default such bond shall be prosecuted by the attorney gen¬ 
eral, and all money recovered shall be deposited with the state treas¬ 
urer to the credit of the special militia fund. All propert}^ purchased 
under the authority hereby granted shall be inspected, whenever the 
same is deemed necessary, by an inspector or an officer detailed for 
that purpose by the governor, and in case of such inspection no pay¬ 
ment shall be made for such property so purchased until it shall ap¬ 
pear by the certificate of such officer that such property is of the 
kind and quality specified in such agreement or contract. 

In case of insurrection, invasion, tumult, riot, breaches of the peace 
or imminent danger thereof, the governor may upon the certificate of 
the adjutant general temporarily suspend the operation of the forego¬ 
ing paragraph and direct the quartermaster general to purchase such 
military property as may be required in the open market. He shall 
report such actions, with the reasons therefor, and the statement of 
the property purchased and the prices paid therefor to the governor. 

The adjutant general shall render annually to the governor a state¬ 
ment in detail showing the disposition of all clothing, ordnance, arms, 
ammunition, and other military property on hand or issued. 

The General staff shall also include a medical department with 
such staff officers and assistants to be appointed by the governor and 
commissioned by him on the recommendation of the adjutant general 
as hereinbefore provided. The duties of the officers of the medical 
department shall be to provide the necessary medical supplies and 
care for the sick and wounded of the militia when on duty, and to 
perform such other services as the commander-in-chief or adjutant 
general may direct or as may be required by the regulations govern¬ 
ing the medical department of the United States army. No person 
shall be appointed as an officer in this department under the adju¬ 
tant general or commissioned to similar duties in this line unless he 
sliall be a graduate and legally authorized and practicing physician 
and surgeon or dentist of the state. 

Other general staff departments of which the adjutant general 
shall be the head and which shall have such assistants appointed and 
commissioned as hereintofore provided shall be as follows: The 
inspector general’s department, the judge advocate general’s depart¬ 
ment, the ordnance department, the subsistence or commissary 
department, the inspector of small arms practice, the corps of engi¬ 
neers, a signal corps and the pay department. The duties of the 
various assistants in each of these departments shall be such as are 
prescribed by the regulations, orders, or direction of the governor 
or adjutant general and in accordance with the duties of like officers 
under the regulations of the army of the United States. 

§ 16. Bond of the Adjutant General and Payment of Accounts.] 
The adjutant general shall give a surety bond to the state in the 
sum of ten thousand dollars in proper form, to be approved by the 
governor, for the faithful discharge of his duties. He shall keep 
a just and true account of all expenditures necessarily made for the 
military service of the state and said accounts shall be paid on proper 
vouchers being presented for the same and upon the approval of the 
commander-in-chief, from the appropriation made by the legislature 
for military purposes except as otherwise provided ‘in this act. No 
other officer of the militia excepting the adjutant general shall incur 
any expense whatsoever to be paid by the state, except such as are 


15 


OFFICIAL BALLOT OF HUGHES COUNTY, S. DAK. 

authorized in this act, without first obtaining the authority of the 
governor; in extreme emergencies, however, the commanding officer 
of any organization or detachment of the organized militia ordered 
into the active service of the state, may make purchases of such 
necessities as are absolutely required for the immediate use and care 
of his command; a report of such action, containing a statement of 
the articles purchased and the price thereof, must be made forthwith 
through channels to the adjutant general. 

§17. Special Militia Fund.] All funds derived from the sale of 
state property as herein provided and all other funds accruing to 
the National Guard of the State from any source whatsoever other 
than the general fund appropriated by the legislature shall be de¬ 
posited with the state treasurer and by him credited to the special 
militia fund. This fund shall be available for militia purposes only, 
and shall be accumulative from year to year. Expenditures from 
this fund shall be made in the usual manner upon vouchers ap¬ 
proved by the governor after proper certification by the adjutant 
general, but shall not come within any restriction contained in Sec¬ 
tion 313 of Chapter 5 of the Eevised Political Code governing pay¬ 
ment of expenses incurred in a previous fiscal year, it being the 
intent, of this act to permit of the application of the special militia 
fund as herein created to the discharge of. any just or lawful debt 
contracted for militia purposes, whether of the ensuing or a previous 
fiscal year. 

§18. General Militia Fund.] Funds appropriated by the legisla¬ 
ture for the maintenance of the militia shall be known as the general 
militia fund. Expenditures from the general militia fund shall be 
made only upon vouchers certified to by the adjutant general and 
approved by the governor, upon warrants drawn by the state auditor 
against the state treasury as now or hereafter may be required by 
law. 

§ 19. Composition and Strength of the National Guard.] The 
national guard of the state shall consist of the adjutant general and 
the various departments hereinbefore provided, the existing military 
organizations and departments of the general staff as they are now 
organized, subject to any changes made by this act, and such other 
military organizations as may be organized hereafter, and such per¬ 
sons as may be enlisted or commissioned therein. The military or¬ 
ganizations of the national guard may constitute a brigade and the 
regiment, companies, signal corps, and regimental bands, shall re¬ 
main as now established, but the governor shall have the power to 
alter, divide, annex, consolidate, disband, or reorganize the same, 
and create new organizations whenever, in his judgment, the effi¬ 
ciency of the state forces will be thereby increased, and he shall at 
any time have poAver to change the organization of di^dsions, brigades, 
regiments, battalions, squadrons, troops, batteries, companies, and 
signal corps so as to conform to any organization, system of drill, or 
instruction noAv or hereafter adopted for the army of the United 
States, and for that purpose the number of officers and non-com¬ 
missioned officers of any grade in regiments, battalions, squadrons, 
troops, batteries, companies, and signal corps may be increased or 
decreased to the extent made necessary by the new conditions thus 
created. 


16 OFFICIAL BALLOT OF HUGHES COUNTY, S. DAK. 

The governor shall have power, in case of war, insurrection, in¬ 
vasion, or imminent danger, to increase the force beyond the maxi¬ 
mum established by law and to organize the sanie with the proper 
officers, as the exigencies of the service may require. 

§ 20. Organization of National Guard.] The military units of the 
national guard shall be composed and organized in the same and 
under the same regulations as the same units are or may be organ¬ 
ized and composed in the aTiny of the United States as nearly as 
possible or as may be prescribed from time to time by the secretary 
of war, and subject to the provisions of this act shall be as follows: 

INFANTRY. 


A company shall consist of one captain, one first lieutenant, one 
second lieutenant, one first sergeant, one quartennaster sergeant, 
four sergeants, six corporals, two cooks, two musicians, one artificer 
and forty-two privates. The minimum strength of a company shall 
be fifty-eight enlisted men. 

A battalion shall consist of one major, one battalion adjutant 
(first lieutenant), one battalion quartermaster and commissary (sec¬ 
ond lieutenant), one battalion sergeant major and four companies of 
infantry; total enlisted, minimum, 233. 

A regiment shall consist of one colonel, one lieutenant colonel, one 
adjutant (captain), one quartermaster (captain), one commissary 
(captain), one inspector of small arms practice (captain), one 
chaplain, one sergeant major, one quartermaster sergeant, one com¬ 
missary sergeant, two color sergeants, three battalions of infantry, 
and a band consisting of the following: one chief musician, one prin¬ 
cipal musician, one drum major, four sergeants, eight corporals, one 
cook, and twelve privates; total enlisted, minimum, 732. 

A regiment of infantry may have in addition to the commissioned 
officers and enlisted men enumerated above, one regimental surgeon 
(major), and two assistant surgeons (captains or first lieutenants), 
as prescribed in Section 6 of the act of congress approved April 22, 
1898, or one surgeon and three assistant surgeons detailed from the 
medical department. 

When it is impracticable to assign three battalions to a regiment 
it may be composed of a smaller number, not less than two, each of 
which should consist of four companies; but where the four compa¬ 
nies cannot be assigned to a battalion it may be composed of three 
companies, with the fourth company skeletonized. Similarly when 
four companies cannot be assigned to a separate battalion it may be 
composed of three companies. Other companies, which for sufficient 
reasons it is impracticable to assign to battalions, shall exist as sepa¬ 
rate companies; and battalions or incomplete battalions which cannot 
be combined with regiments of at least eight companies shall exist as 
separate battalions. 

A brigade shall ordinarily consist of two or more full regiments of. 
infantry, three being the normal organizations; but separate bat¬ 
talions and separate companies may be assigned thereto and pro¬ 
visional brigades consisting of two*^ or more regiments of not less 
than eight companies each may be organized for the purpose of 
instruction and maneuvers. 



OFFICIAL BALLOT OF HUGHES COUNTY^ S. DAK. 17 

A brio-adier general is the proper commander for a brigade, but in 
case of the absence or disability of the brigadier general the command 
will devolve upon the senior officer of the line who is present for 
duty with the brigade. 

The staff of a brigade shall consist of officers detailed from the 
several staff corps and departments, as follows: 

One adjutant general, major, adjutant general’s department. 

One quartermaster, major, quartermaster’s department. 

One commissary, major, subsistence department. 

One surgeon, major, medical department. 

Two aids, lieutenants, from the line. 

In addition to the staff officers enumerated in the foregoing list, 
such other staff officers as are considered necessary may be designated 
for duty on the staff of a brigade, but officers so designated must 
belong to some staff, corps or department, or to the line, and be 
detailed for duty on the brigade staff. 

At camps of instruction, or when deemed necessary, the governor 
may attach to a brigade such troops of cavalry, batteries of artillery, 
and organizations of special troops as may appear to him to be 
advisable. 

The medical department of the organized militia shall consist of 
the officers necessary to perform the duties pertaining to the medical 
department on the staffs of brigades and divisions and at camps, 
depots, and other similar military establishments; of the surgeons 
and assistant surgeons attached to regiments, separate squadrons and 
battalions, troops, batteries and companies for the purpose of fur¬ 
nishing medical attendance; of the medical officers requisite for the 
organization of such ambulance companies and field hospitals as may 
be authorized, and of the hospital corps. When necessary profes¬ 
sional nurses may be provided. 

The hospital corps shall consist of sergeants first class, sergeants, 
corporals, privates first class, and privates of the corps assigned for 
duty to the different regiments, squadrons, battalions, troops, bat¬ 
teries and companies, and at camps, depots, and other similar mili¬ 
tary establishments, or belonging to such ambulance companies and 
field' hospitals as may be organized. 

The minimum enlisted strength of an ambulance company shall be 
as follows: 2 sergeants, first class, 7 sergeants, 34 privates first class, 
total enlisted (minimum) 43. One assistant surgeon (captain), and 
two assistant surgeons (first lieutenants), may be assigned to duty 
with an ambulance company. 

The minimum enlisted strength of a field hospital shall be as fol¬ 
lows : 3 first sergeants first class, 6 sergeants, 24 privates first class and 
privates, total enlisted (minimum) 33. One surgeon (major), and 
four assistant surgeons (captains or first lieutenants), may be 
assigned to duty with a field hospital. 

The signal corps shall be a staff corps and shall consist of the com¬ 
missioned officers necessary for the performance of duties of signal 
officers on the different staffs, and other duties properly pertaining 
to the signal corps; of the officers assigned to duties with companies 
of the signal corps; and of such enlisted men of the grades named 
hereinafter as may be deemed necessary, viz: master signal electri¬ 
cian, sergeant first class, sergeants, corporals, cooks, privates first 
class and privates. 

S. Doc. SS, 62-1-2 


18 


OFFICIAL BALLOT OF HUGHES COUNTY,, S. DAK. 


For the purpose of administration, companies of the signal corps 
may be organized. The minimum enlisted strength of the different 
grades for such a company shall be as follows: 5 sergeants first class, 
5 sergeants, 10 corporals, 2 cooks, 18 privates first class, 18 privates; 
total enlisted (minimum) 58. The normal quota of commissioned 
officers for a company of the signal corps is one captain and two first 
lieutenants. The grade of second lieutenant is not authorized for 
the signal corps. 

§ 21. Commissions.] All officers shall be commissioned by the gov¬ 
ernor at his discretion and upon the recommendation of the adjutant 
general, but no one shall be commissioned unless the conditions set 
forth in the next two sections have been complied with, and no one 
shall be recognized as an officer unless he shall have been duly com¬ 
missioned and shall have taken the oath of office. 

§ 22. Eligibility to Keceive a Commission.] Commissioned officers 
must be citizens of the United States and of the state of South Dakota 
of the age of eighteen years and upward. No person who has been 
expelled or dishonorably discharged from the army of the United 
States or from any military organization of the state shall be com¬ 
missioned. No person shall be commissioned unless he shall possess 
the additional requirements herein prescribed for the particular office 
to which he is to be commissioned. A colonel of a regiment, at the 
time of his appointment must either be an officer in active service 
in the national guard of this state and for three successive years im¬ 
mediately preceding his appointment must have been in active service 
in said national guard as a commissioned officer, or, if not in active 
service at the time of his appointment must have had prior service 
of at least six years in the national guard of this state, or in the army 
of the United States, or in both combined as a commissioned officer. 
A lieutenant colonel or major of the line, at the time of his appoint¬ 
ment must either be ah officer in active service, or for two successive 
years immediately preceding his appointment must have been in 
active service in the national guard of this state as a commissioned 
officer, or if not in active service at the time of his appointment, must 
have had prior service of at least six years in the national guard of 
this state, or in the army of the United States, or in both combined 
as a commissioned officer. All staff officers except medical officers 
and chaplains must have served one year immediately preceding 
their appointments in the national guard of this state. The assistant 
judge advocate general must be a counselor at law of the supreme 
court of this state of at least four years’ standing of the grade of 
major. Surgeons and assistant surgeons must be duly licensed and 
practicing physicians and surgeons under the laws of this state, and 
of at least fifteen years’ practice if of the grade of colonel, of at least 
ten years’ practice if of the grade of lieutenant colonel, of at least five 
years’ practice if of the grade of major, of at least three years’ prac¬ 
tice if of the grade of captain, and of at least two years’ practice 
if of the grade of first lieutenant. An engineer officer of the National 
Guard must have been educated as a military or civil engineer. A 
chaplain must be a regularly ordained minister of some religious 
denomination. 

§ 23. Appointment and Elected Officers.] The officers on the staff 
of the adjutant general, the field and line officers, officers or signal 
corps, the extra officers allowed to regiments, battalions and squad- 


19 


OFFICIAL BALLOT OF HUGHES COUNTY^ S. DAK. 


staff duty, surgeons and assistant surgeons and chaplains 
snail be appointed and assigned by the governor upon the recom- 
rnendation of their immediate commanding officers subject to the pro¬ 
visions of this act. In case of original appointments from civil life 
the selection shall be made the governor upon reliable recom¬ 
mendations and subject to any examination which may be prescribed 
by regulations, or orders. T\dien the governor desires to create new 
organizations, he shall have the power, in the first instance, to ap- 
the officers necessary to commence and complete such organi- 

All staff officers shall be selected from the members of the National 
(jiiard. 

All promotions of the field and line officers of the National Guard 
shall be determined by seniority unless otherwise ordered by the 
governor; 'provided^ that second lieutenants of companies may be 
selected by election under such rules as the governor may prescribe; 
provided^ further^ that before any officer shall be promoted and 
commissioned he may at the discretion of the governor be required 
to pass an examination as to his fitness and qualifications before a 
board of his superior officers, detailed for that purpose. 

§ 24. Brevet Commissions.] The governor may, upon the recom¬ 
mendation of their commanding officers, confer brevet commissions 
of a grade equal to the highest grade in which they have previously 
served, or of a grade next higher than the ordinary or brevet com¬ 
mission ever held by them, upon officers of the National Guard in 
active service, for gallant conduct or for meritorious service of not 
less than twenty-five years. Such commissions shall carry with them 
only such privileges or rights as are allowed in like cases in the mili¬ 
tary service of the United States. 

§ 25. Supernumerary Officers.] Commissioned officers who shall 
be rendered surplus by reduction or disbandment of organization, or 
in any manner provided by this act now or hereafter, may be with¬ 
drawn from active service and placed upon the supernumerary list. 
The governor may upon the recommendation of the adjutant general 
detail supernumerary officers for active duty, and he may relieve them 
from such duty and return them to the supernumerary list at his 
discretion. 

§ 26. Resignation of officers.] A commissioned officer tendering 
his resignation before having served five years, if the governor shall 
accept, shall receive an honorable discharge; if he has served five 
years or more he shall receive a full and honorable discharge; pro¬ 
vided^ he shall not be under arrest or returned to a military court 
for any deficiency or deliquency; and provided further^ he be not 
indebted to the state in any manner, and that all his accounts for 
money or public property be correct. 

§ 27. Examination and Discharge of Officers.] The governor may, 
whenever, he may deem that the good of the service requires it, order 
any commissioned officer before a board of examination, to consist of 
not less than three or more than five general or field officers, which 
is hereby invested with the power of court of inquiry and courts 
martial, and such board shall examine into the moral character, 
capacity, and general fitness for the service of such commissioned 
officer, and record and return the testimony and a record of the pro¬ 
ceedings. If the findings of such board be unfavorable to such officer 


20 


OFFICIAL BALLOT OF HUGHES COUNTY, S. DAK. 


and be approved by the governor, he shall be discharged from the 
service. No officer whose grade or promotion would in any way be 
affected by the decision of such board, in any case that may come 
before it, shall participate in the examination or decision of the board 
in such case. Failure to appear when ordered before a board consti¬ 
tuted under this section shall be sufficient ground for a finding by 
such board that the officer ordered to appear be discharged. 

§28. Dismissal.] An officer who shall have been absent without 
leave for a period of six months or more may be dismissed by the 
governor. 

§29. EemovaL] A commissioned officer can not be removed from 
office without his consent, except by the sentence of a general courts 
martial or as provided in this chapter. 

§30. Oaths, by Whom Administered.] The adjutant general and 
all officers of the general staff and commanding officers of regiments, 
battalions, and companies, are each and every one hereby authorized 
to administer any oath required to be made in the administration of 
the militia laws of this state. 

§ 31. Enlisted Men of the National Guard.] Any man who is a 
citizen of the United States or has declared his intention to become a 
citizen, if more than eighteen and less than forty-five years of age, 
able bodied, free from disease, of good character and temperate 
habits may be enlisted in the National Guard of this state under the 
restrictions of this act, for a term of not less than three years; except 
that men may be enlisted as musicians if more than sixteen 3 ^ears of 
agC; 

No minor shall be enlisted without written consent of his parent 
or guardian. A man who has been expelled or dishonorably dis¬ 
charged from any military organization of the state or United Slates 
shall not be eligible for enlistment or re-enlistment unless he produce 
written consent to such enlistment of the commanding officer of the 
organization from which he was expelled or dishonorably discharged 
and of the commanding officer who approved such expulsion or issued 
such dishonorable discharge. 

Men who have been discharged by reason of disbandment may be 
enlisted and shall then receive credit for the period served at the 
time of such disbandment. A man discharged for physical disability 
shall, if such disability cease and he again enlist, or a man discharged 
upon his own request shall, if he again enlist, receive credit for the 
period served prior to such discharge. 

Bandmasters, drum majors, chief trumpeters, veterinary sergeants, 
members of the hospital corps, and musicians may be enlisted as such. 

§ 32. Ee-enlistments.] Any man who has served the period of his 
original enlistment may be re-enlisted for a term of one year or more. 

§ 33. Enlistment Papers.] Every person who enlists" or re-enlists 
shall sign and make oath to an enlistment paper which shall contain 
an oath of allegiance to the state and the United States, and be in 
such form as may be prescribed in the regulations issued under this 
act. Such oath shall be taken and subscribed to before an officer 
authonzed under this act to administer oaths; but no enlistment 
shall be valid until it be approved by the commanding officer of the 
corps, troop, battery, or company organization. A person making a ■ 
false oath as to any statement contained in such enlistment paper 
shall upon conviction be deemed guilty of perjury 


OFFICIAL BALLOT OF HUGHES COUNTY, S. DAK. 21 

§ 34. Transfers.] Enlisted men may be transferred upon their 
own application in the same regiment or battalion or squadron not 
part of the regiment, from one company or troop to another, by 
the commanding officer of such regiment, battalion or squadron; 
from one regiment, battalion or squadron not part of a regiment, 
signal corps, separate troop, battery, or separate company, to another 
in the same brigade, b}^ the commanding officer of the brigade; from 
one brigade to another by the governor. Noncommissioned officers 
must be returned to the ranks before they can be transferred. 

§ 35. Noncommissioned Officers.] Commanding officers of the reg¬ 
iments and of battalions and squadrons not part of regiments shall 
appoint and warrant the noncommissioned staff officers of their re¬ 
strictive regiments, battalions or squadrons, and they shall in their 
discretion warrant the noncommissioned officers of the troops, bat¬ 
teries and companies of their respective regiments, battalions and 
squadrons from the members thereof, upon the written nomination 
of the commanding officers of the troops, batteries and companies 
respectively. In troops, batteries and companies not part of a regi¬ 
ment, battalion or squadron, and in signal corps the noncommis¬ 
sioned officers shall be warranted by the commanding officer of the 
troop, battery, company or signal corps. No enlisted man shall be 
warranted as a noncommissioned officer unless he shall have passed 
an examination satisfactory to his immediate commanding officer. 
The officer warranting a noncommissioned officer shall have power to 
reduce to the ranks for good and sufficient reasons the noncommis¬ 
sioned officers named in this section; but such as were enlisted as 
noncommissioned officers shall be discharged. Noncommissioned 
officers who shall be dropped vacate their positions. 

§ 36. Dropping.from the Eolls.] An enlisted man who shall re¬ 
move his residence to such distance from the armory of his organi¬ 
zation as to render it impracticable for him to perform his duties 
properly, or who after due diligence cannot be found, or who shall be 
convicted of a felony, or who shall be expelled from his organization 
in accordance with by-laws lawfully adopted, may be dropped from 
the rolls of his company, battery, troop or signal corps by the order 
of the commanding officer of the brigade, regiment, battalion or 
squadron not part of a regiment. 

§ 37. Taking Up from Dropped.] An enlisted man dropped by 
reason of removal may be taken up at any time within three years 
after such removal in his former or any other organization, obtain¬ 
ing in the latter case first the written permission of his former com¬ 
manding officer approved by the officer upon whose order he was 
dropped. An enlisted man dropped for removal may be taken up at 
any time after three years from such removal, upon his own applica¬ 
tion approved by the officer upon whose order he was dropped. The 
taking up shall be done under the orders of any officer who is au¬ 
thorized to order the dropping of men; the man thus taken up shall 
receive credit for the term served before having been dropped. 

§ 38. Retirement.] The governor may appoint enlisted men and 
commission them, without examination, second lieutenats by brevet, 
upon the recommendation of their respective commanding officers, 
and place them upon the retired list at the same time, provided they 
have well and faithfully served the state in the National Guard for 
a period of twenty-five years. 


22 OFFICIAL BALLOT OF HUGHES COUNTY, S. DAK. 

§ 39. Discharges.] An enlisted man who has not returned all the 
public property for which he is responsible, under no circumstances 
shall receive a full and honorable discharge. 

A discharge, or an honorable discharge, at the discretion of the 
officer discharging him, shall be granted to the following: 

A noncommissioned staff officer, or a noncommissioned officer who, 
had he not been enlisted as such, would be reduced to ranks; 

An enlisted man at his own request, provided he assign sufficient 
and valid reasons for such request; 

An enlisted man wdio by reason of disability is no longer able to 
perform his military duties properly; 

An enlisted man who by the reduction of his regiment, battalion 
or squadron has become surplus, or whose signal corps, troop, bat¬ 
tery, company or band shall be disbanded, provided he is not en¬ 
titled at the time to a full and honorable discharge; 

An enlisted man has served the time for which he enlisted or re¬ 
enlisted and is not entitled to a full and honorable discharge. 

A full and honorable discharge shall be granted to the following: 

An enlisted man who shall have performed in each year at least 
sixty per cent of the duty his signal corps, troop, battery, company, 
band, squadron or battalion not part of a regiment, or regiment, has 
been required by law and order to perform during his term of en¬ 
listment or during his total service in case the same has been ex¬ 
tended beyond the term for which he enlisted. An enlisted man who 
fails to perform sixty per cent of duty during any year of his serv¬ 
ice may continue in service at the option of his commanding officer 
and make up such deficiency. An enlisted man who continues in 
service after the expiration of his term of enlistment or re-enlistment, 
shall, in case he desires a discharge give fifteen days' notice of appli¬ 
cation therefor to the officer authorized' to grant the same. And 
such officer may in his discretion grant such term forthwith or hold 
the same until the expiration of fifteen days. An enlisted man shall 
be held for service until his discharge is granted and issued. 

A discharge without honor shall given to the following: 

An enlisted man fined by any military court, who shall neglect or 
refuse to pay such fine within ninety days after it is imposed; 

An enlisted man whose immediate commander applies to have him 
discharged for the good of the service, after giving him ten days’ 
notice of such application and an opportunity to be heard in de¬ 
fense of his conduct; 

Discharges mentioned above shall be granted by the commanding 
officer of the regiment, battalion or squadron not a part of the reg¬ 
iment; in case of signal corps, separate troops, batteries or com¬ 
panies, by the commanding officer of the subdivision to which they 
are attached. 

Enlisted men may be dishonorably discharged pursuant to the sen¬ 
tence of a general courtmartial. 

§ 40. War Service.] For all the purposes under this act, officers 
and enlisted men of the organized militia who entered the United 
States service in the Spanish-American war, shall, on re-enteriiif*’ 
the organized militia, be entitled to credit for the time served in the 
lorces of the United States in that war, as if the service had been 
rendered in the organized militia. 


23 


OFFICIAL BALLOT OF HUGHES COUNTY^ S. DAK. 

§ 41. Responsibilit}" for Efficiency.] The adjutant general by di¬ 
rection of the governor may. cause members of the National Guard 
to perform any military duty, and he shall be responsible to the gov¬ 
ernor for the general efficiency of the National Guard and for the 
drill, instruction, inspection, small arms and artillery practice, move¬ 
ments, operations and care of the troops. 

Comnianding officers of organizations shall be responsible to their 
immediate commanders for the equipment, drill, instruction, move¬ 
ments and efficiency of their respective commands. 

All commissioned officers and enlisted men shall be responsible to 
their immediate commanding officers for prompt and unhesitating 
obedience, proper drill, and the preservation and proper use of the 
property of the state or the United States, or organization, in their 
possession. 

§ 42. Drills and Parades.] Officers and enlisted men of each 
troop, battery and company, shall assemble for and undergo drill 
and instruction at the company battalion or regimental armory or 
rendezvous, or for target practice, not less than twenty-four times 
during each year preceding annual allotment of funds under Section 
16G1 of the Revised Statutes of the United States, as amended. Dur¬ 
ing the same period there shall be at least one inspection of each 
troop, battery and company by an officer of the National Guard or 
by an officer of the regular army of the United States, or both, at 
such times as the governor may direct. 

In addition to such drills and parades, the commanding officer of 
any organization may require the officers and enlisted men of his 
command to meet for parade, drill or instruction at any such times 
and places as he may appoint. 

Each troop, battery or company not especially excused by the 
governor, will be required to participate for at least five consecutive 
days annually in practice marches or camps of instruction under 
such regulations as the governor may prescribe, and under such 
instructors as he may appoint. 

§ 43. Conduct of Commanding Officers in Aid of Civil Authori¬ 
ties.] In case of any breach of peace, tumult, riot or resistance to 
the process of this state, or imminent danger thereof, a justice of the 
supreme court or the circuit or county court, or municipal judge of 
a city, or sheriff of a county, or a mayor of a city, may call for aid 
upon the commanding officer of the organization of the National 
Guard stationed therein or adjacent thereto; provided^ that such 
call must be in Avriting and subject to the approval of the governor. 
The commanding officer upon whom the call is niade shall order out 
in aid of the civil authorities the military force or any part thereof 
under his command, and shall immediately report what he has done 
and all circumstances of the case to the governor, and if it appear 
to him that the power of the county be not sufficient to enable the 
sheriff to preserve the peace and protect the lives and property of the 
peaceful residents of his county or to overcome the resistance to the 
process of this state, the governor must, on the application of the 
sheriff, order out such military force from any other cofinties or 
county as is necessary. 

When an armed force is called out for the purpose of suppressing 
an unlawful or riotous assembly it must follow the orders in relation 


24 


OFFICIAL BALLOT OF HUGHES COUNTY^ S. DAK. 


thereto of the civil officers calling it out and render the required aid; 
but such orders of the civil officer shall extend only to a direction 
of a general or specific object to be accomplished and the duration 
of service for such troops, but the tactical direction of the troops, 
the kind and extent of force to be used, and the particular means to 
be employed to accomplish the object specified by the civil officers 
shall be left solely to the officer in command. 

§44. In Case of Insurrection or Invasion.] In case of insurrec¬ 
tion or invasion or imminent danger thereof within the limits of any 
command, the senior commanding officer of such command. Avith the 
approval of the governor, shall order out for the defense of the state 
the forces under his command, or any part thereof, and immediately 
report his action and the circumstances of the case to the governor 
and his immediate commanding officer. 

§ 45. Warning for Duty.] Orders for duty may be oral or writ¬ 
ten. Officers and enlisted men may be warned for duty as folloAvs: 

Either by stating the substance of the order or rending the order 
to the person Avarned, or by delivering a copy of such order to such 
person, or by leaving a copy of such order at the last knoAvn place 
of abode or business of such person Avith someone of suitable age and 
discretion, or by sending a copy of such order, or notice containing 
the substance thereof, to such person by mail, directed to him at his 
last knoAvn place of abode or business, or to the postoffice nearest 
there to. Such Avarning may be given by any officer or noncommis¬ 
sioned officer. The officer or noncommissioned officer giving such 
warning shall make a return thereof containing the names of the 
persons warned, and the time, place, and the manner of warning. 
Such returns of warning shall be verified by his oath, which may be 
administered by any commanding officer; such A^erified return shall 
be as good evidence on the trial of any person returned as a delin¬ 
quent of the facts stated therein as if such officer or noncommissioned 
officer had testified to the same before the delinquency court on such 
trial. EA^ery commanding officer shall make the like return, on 
honor, and with like effect of every delinquency and neglect of duty 
of his officer and noncommissioned officer, and also of every enlisted 
man Avho shall refuse or neglect to perform such military duty as 
may be required. 

§ 46. Excuses from Duty.] The officer ordering any military duty 
shall have the poAver to excuse any officer or enlisted man for absence 
therefrom upon good and sufficient grounds. 

§ 47. Discipline and Exercise.] The system of discipline and ex¬ 
ercise of the National Guard of this state shall conform generally to 
that of the army of the United States as it is noAv or may hereafter 
be prescribed by the president, and to the provisions of the laws of 
the United States, except as otherAvise provided in this act. 

§ 48. Military Courts.] The military courts of this state shall be: 

1. General courtsmartial. 

2. Garrison courtsmartial. 

3. The summary court. 

4. Courts of inquiry. 

5. Delinquency courts, Avhich are of tAvo kinds: (1) For officers, (2) 
for enlisted men. 

The constitution and jurisdiction of courtsmartial, the form and 
manner in which the proceedings of military courts shall be con- 


25 


OFFICIAL BALLOT OF HUGHES COUNTY, S. DAK. 

ducted and recorded, and the forms of oaths and affirmations taken 
in the administration of military law by such courts, the limits of 
punishments and the proceedings in revision shall be governed by 
the articles of war and the laws and procedure of the courtmartials 
of the United States. 

§ 49. Indemnity for Action of Military Court.] Xo action or 
proceeeding shall be prosecuted or maintained against a member of 
a military court or officer or person acting under his authority or 
reviewing its proceedings on account of the approval or imposition 
or execution of any sentence, or the imposition or collection of a fine 
or penalty, or the execution of any warrants, writ, execution, process 
or mandate of a military court. 

§ 50. Presumption of Jurisdiction.] The jurisdiction of the courts 
and board established by this act shall be presumed and the burden 
of proof shall rest on any person seeking to oust such court or board 
of jurisdiction in any action or proceedings. 

§ 51. Organization.] All organizations of the National Guard 
shall be provided by the state with such arms, equipments, colors, 
camp and garrison equipage, books of instruction and of record, and 
other supplies as may be necessary for the proper performance of 
the duty required of them by this act; and each organization shall 
keep such property in proper repair and in good condition. 

§ 52. Commissioned Officers’ Uniform.] Every commissioned 
officer shall provide himself with arms, uniform, and equipments pre¬ 
scribed and approved by the governor. 

§ 53. Enlisted Mens. Uniform.] Every enlisted man who enters 
the service of the state for three years shall be furnished by the state 
with a uniform corresponding in make and general appearance to 
the uniform of the United States army. 

§ 54. Dress Uniforms.] Eegiments, battalions and squadrons not 
part of regiments may, with the consent of the governor, adopt a 
dress uniform of their own and at their own expense. 

§ 55. Responsibility for Public Property.] Every officer and en¬ 
listed man to whom public property of the state has been issued shall 
be personally responsible to the state for such property, and no one 
shall be relieved from such responsibility except it to ]ye shown to the 
satisfaction of the governor that the loss of destruction of such 
property was unavoidable and in no way the fault of the person 
responsible for the same; in all other cases the value of the property 
lost or destroyed shall be charged against the person at fault or to 
the organization to which it has been issued, and such person or 
organization, if not relieved from such charge by the governor, shall 
pay the value of such property to the adjutant general within two 
years after such loss or destruction, to be by him deposited with the 
state treasurer in the special militia fund. 44ie value of lost or de¬ 
stroyed property and the person or organization to be charged there¬ 
with shall be determined by a board to consist of three officers of the 
National Guard to be appointed by the governor. In case of disa¬ 
greement such value shall be fixed by the adjutant general. 

§ 56. Wearing of Uniforms.] It shall be unlawful for any per¬ 
son not being in the military or naval service of the United States 
or of this state to appear in public wearing the distinctive uniforms 
or any part thereof of any branch of such service except as herein¬ 
after provided. Every person who shall violate the provisions of 


26 OFFICIAL BALLOT OF HUGHES COUNTY, S. DAK. 

this section shall be fined not less than twenty-five dollars nor more 
than one hundred dollars; pi^ovided^ that this prohibition and 
penalty shall not apply to any person in the service of the United 
States or of this state, wearing a uniform required by or in pursu¬ 
ance of law, similar in design to that of any of the bodies above 
enumerated; or to any person discharged from such service, for any 
cause other than his own unworthiness, wearing his uniform in order 
to take part in any military or naval parade, or on any similar oc¬ 
casion ; or to any enlisted man in the military service of the United 
States, discharged from any other cause than his own unworthiness, 
Avearing a uniform of his last rating, until four months after the 
date of said discharge; and fvovided further^ that this act shall 
not be construed to so as to impair or affect the rights of regu¬ 
larly chartered military companies or other organizations which 
already have the right to parade with arms, or Avith sidearms 
by the laws of the state, or cadets at educational institutions 
Avhere military departments are conducted and an officer of the. 
United States army has been detailed as instructor, to wear such 
uniforms as they now are or may be required by their regula¬ 
tions to wear; provided further^ that the adjutant general may, in 
his discretion, grant a Avritten permit to the proprietor of any repu¬ 
table place of public amusement or entertainment, alloAving the 
members performing in such place to Avear such uniforms for stated 
periods and under such restrictions as the adjutant general may from 
time to time prescribe, Avhich permission may be AvithdraAvn at any 
time if the adjutant general shall deem such action expedient. 

It shall be unlawful for any common carrier, innkeeper or pro¬ 
prietor or lessee of any place of public amusement or entertainment, 
or any agent, servant or representative of any such common carrier, 
innkeeper, proprietor or lessee as aforesaid, to disbar from the full 
and equal enjoyment of the accommodations, advantages, facilities, 
or privileges of any public conveyance on land or Avater, or any inn 
or any place of public amusement or entertainment, any person in the 
military or naval seiwice of the United States or of this state, Avear- 
ing the uniform prescribed for him at that time or place by laAv, 
regulation or the serAUce or custom, on account of his wearing such 
uniform or his being in such service. 

Any person who is disbarred from such enjoyment contrary to the 
provisions of the last paragraph shall be entitled to recover in an 
action of the case from any corporation, association or person guilty 
of such violation, his actual damages and one hundred dollars in 
addition thereto, and evidence that such person disbarred Avas at the 
time sober, orderly and able and Avilling to pay for said enjoyment 
in accordance with the rate fixed therefor for civilians, shall be 
prima facw evidence in said action that he was disbarred on account 
of his wearing such uniform or of his being in such service. 

It shall be unlaAvful for any member of the National Guard, or 
any other person, to Avear any portion of the uniform or use any 
part of the equipment of the South Dakota National Guard, except 
in the performance of military duty, unless he is permitted to do so 
by the governor. Any person so oft'ending, shall be deemed guilty 
of a misdemeanor, and upon conviction thereof, be fined not to exceed 
twenty-five (25) dollars. 


OFFICIAL BALLOT OF HUGHES COUNTY, S. DAK. 


27 


§57. Duty Pay.] Each officer, non-commissioned officer and en¬ 
listed man ordered for duty shall be entitled to receive the same duty 
pay as provided and allowed to men, noncommissioned officers and 
officers in the service of the United States army; provided, that en¬ 
listed men ordered for duty for the state by the governor, or under his 
authority, shall be entitled to receive duty pay for every day actually 
on duty except when so ordered for inspection, muster "or small arms 
practice or parade review or field service not extending beyond one 
day, and except as hereinafter provided for camps of instruction, 
as follows: 

A musician or private, $1; a corporal, $1.25; a sergeant, $1.50; a 
first sergeant, commissary sergeant, quaidermaster sergeant, drum 
major, battalion sergeant major, signal corps sergeant, color ser¬ 
geant, and sergeants first class of hospital corps, $2; a regimental 
sergeant major and principal musician, $2.25; a noncommissioned 
officer performing the duties of a grade higher than his own shall 
be entitled to receive the pay of such higher grade; a private acting 
as a noncommissioned shall receive the pay of the grade in which he 
is acting; each enlisted man who lias served a full fiv^e years of enlLst- 
ipent shall be entitled to additional pay at the rate of twenty-five 
cents per day for each day’s duty during the second five years of his 
service and a further additional pay of twenty-five cents per day for 
duty for each succeeding five years of service; 

Provided, that pay of enlisted men and noncommissioned officers 
attached to companies, bands or signal corps, when on duty at camps 
of instruction, shall be the same as provided and allowed to such en¬ 
listed men of the United States army, and in addition thereto each 
such enlisted man shall receive a sum not to exceed twenty cents 
each for not to exceed twenty-four drills of his organization at¬ 
tended by him in the year next preceding such camp of instruction, 
as determined from the records of his organization filed from month 
to month in the office of the adjutant general; and provided furthery 
that each such enlisted man so attending camps of instruction must 
have performed at least sixty per cent of the duty required of him 
during the year next preceding such camp of instruction to be en¬ 
titled to the extra compensation for attendance at drills. 

When on duty or assembled therefoi'' in case of riot, tumult, breach 
of the peace, insurrection, invasion or war, whenever called in aid of 
the civil authorities or when engaged in actual field or camp service for 
instruction as contemplated in Section 14 of the act of congress ap¬ 
proved January 21, 1903, commissioned officers shall be entitled to 
the same pay as commissioned officers of the army of the United 
States of equal grade. Each officer and enlisted man, mounted and 
equipped, shall be paid a reasonable compensation per day for each 
horse actually used by him. 

§ 58. Free Transportation.] The officers and members of the Na¬ 
tional Guard shall be allowed free transportation for themselves and 
the property of the state, going to and returning from any service 
authorized or directed by law, their subsistence in kind or commu¬ 
tation therefor and their quarters, tents and camp equipments; and 
the adjutant general and the officers of his department will at all 
times be prepared to furnish these things as may be required by 
orders from the governor. 


28 


OFFICIAL BALLOT OF HUGHES COUNTY, S. DAK. 


§ 59. Property Exempt from Taxation.] All property belonging 
to any organization of the Xational Gnard shall be exempt from 
taxation or assessment for any purposes whatever; and in case any 
such organization shall erect or purchase an}" armory or assemlily 
room, the annual rent of the same authorized in the next section may 
be paid into the treasury of such organization. 

§ 60. Armory.] The commanding officer of each company, troop 
or battery and the treasurer of each regimental band shall provide 
suitable room or rooms at a convenient place in the city or town 
where each organization is located or stationed with the necessary 
furniture, fuel, light, lockers, closets and gun rack; for an armory, 
assembly and drill room for such organization and said room vr 
rooms shall be under the control of the commanding officer. There 
shall be paid out of the military appropriation such sum as shall be 
•deemed necessary on the contract made by the adjutant general and 
approved by the governor for the rent and furnishing of »uch 
armory or band quarters of each organization of the Xational Guard, 
to be paid by the state of South Dakota. 

§ 61. Company May be Disbanded.] Whenever any company shall 
fall beloAV the minimum in membership, becomes lax in discipline, 
negligent in drill and other duties, or insubordinate, or its members 
lose interest in their organization or Avhen upon inspection it shall 
appear to be not properly, organized or conducted, or Avhen musters 
or returns shall not be made as required by laAv, or the good of the 
service shall recommend it, the gOA^ernor may muster out the same by 
order, and may direct all arms, accoutrements and stores to be de¬ 
livered up by Avhomsoever held; and if any person Avho Avas a member 
of such disbanded company shall appear Avith or retain arms or 
property of the state or United States in his possession until again 
mustered or enlisted in serAuce, he shall forfeit not less than tAventy- 
five dollars or more than one hundred dollars. 

§ 62. Transportation of Officers.] The adjutant general, subject 
to the approval of the governor, shall haA^e authority to issue state 
transportation to the officers of the Xational Guard, for the use of 
school of instruction, boards of survey and examination, the annual 
convention of the officers of the Xational Guard, for tours of inspec¬ 
tion, administration, and for use of the members of the Xational 
Guard Avhen traA"eling solely on official business. 

§ 63. Master Roll.] On the first day of Xovember of each year 
each and eA^ery company and band of the Xational Guard shall be 
mustered by the commanding officer thereof, and duplicate muster 
rolls shall be prepared and furnished by the adjutant general Avith 
full instructions for filling out the same, such muster rolls shall set 
forth the officers in order of rank, and the enlisted men in alpha¬ 
betical order, distinguishing recruits since last muster, and truly state 
the residence, age and date of enlistment of each, and such other 
facts as shall be required by orders, on the form prescribed. On said 
muster days every such commanding officer shall inspect all arms 
accoutrements and stores and other military property issued by the 
state to him, or his command, and make and certify "an account and 
return thereof, in duplicate copies one of Avhich shall be filed Avith 
the adjutant general on or before the 20th day of the month. In 
such return he shall state the true number, amount and condition 
of such arms, accoutrements, stores and property, charging himself 


OFFICIAI. BALLOT OF HUGHES COUNTY, S. DAK. 29 

with the amount oh hand at the time of his last retnrm and all sub¬ 
sequently received, and furnishing vouchers for all returned disposed 
of or lawfully expended, in such manner as shall be prescribed. 

§ 6d. Civil Organization.] Each company or band may adopt 
such constitution, rules or by-laws, not inconsistent with the laws and 
military regulations of the United States, and of this state, as a ma¬ 
jority of aJl the members thereof mav approve; and may therein 
provide fines and penalties for any violation thereof, which, for ab¬ 
sence and refusal to appear for instruction or parade, shall not exceed 
five dollars; and all such fines and penalties shall be collectable in 
an action in the name of the commanding officer as plaintift* before 
any competent court or magistrate. Such constitution, rules or by- 
laAVS shall become operative only when approved by the governor. 

§ 65. Target Practice.] To accustom the troops to the use of 
their arms the goyernor shall order such target practice as the allow¬ 
ance of ammunition will permit and he shall offer suitable medals, 
badges or trophies to be inscribed and given in the name of the state 
to the persons and organizations who upon competition shall show 
their superior attainments as marksmen. The provisions of this sec¬ 
tion shall be carried out under orders and regulations issued by the 
governor; 'provided^ that not more than one hundred dollars shall be 
expended in any one year for the purpose of medals, badges or 
trophies. 

§ 66. Pay When Aiding the Civil Authorities.] All officers and 
enlisted men, while on duty or assembled therefor, pursuant to the 
orders of a judge of the supreme court, sheriff of a county, or mayor 
of a city, or any other civil officer authorized by law to make such a 
demand on the military forces of the state in case of riot, tumult, 
breaches of the peace, resistance to process, or whenever called upon 
in aid of civil authorities, shall receive the pay set forth and pro¬ 
vided for in Section 57 of this act; and such compensation and the 
necessary expenses incurred in quartering, caring for, warning for 
duty, and transporting and subsisting the troops, as well as the ex¬ 
penses incurred for the pay, care and subsistence of officers and en¬ 
listed men temporarily disabled in the line of duty, while on such 
duty, shall be paid by the county where such service is rendered. 
The count}^ treasurer of such county shall, upon presentation to him 
of vouchers and payrolls for such expenses and compensation certi¬ 
fied by the officer commanding such forces, and approved by the gov¬ 
ernor" forthwith execute in behalf of and in the name of such county 
a certificate or certificates of indebtedness for the money required to 
pay such vouchers and payrolls; such certificates shall bear interest 
at the rate of not to exceed 6 per cent per annum, and shall be made 
j)ayable on the 1st day of February following the expiration of two 
months from their issue, and the amount thereof shall be raised in 
the next tax budget of said county, succeeding their issue, and applied 
to the payment of such certificates. 

§ 67. Pay of Officers Serving on Boards, Commissions and Courts.] 
All officers detailed to serve on any board or commission ordered by 
the governor under his authority, or on any court of inquiry, 
courtmartial, or delinquency court, ordered by proper authority in 
pursuance of any provisions of this act, shall be paid a sum 
not to exceed three dollars per day for each day actually employed 
in such board or court or engaged in the business thereof, or in 


30 


OFFICIAL BALLOT OF HUGHES COUNTY^ S. DAK. 


traveling to or from the same. The sum in no case shall exceed 
ten days’ pay and the actual traveling expenses and subsistence, 
unless, upon application of the judge advocate of a courtmartial 
or the presiding officer of a delinquency court, or the presiding 
officer of the board, the officer appointing the court or board has au¬ 
thorized such court or board to sit for a longer period, or in case 
of such delinquency court the governor of the officer ordering 
such court has authorized such court to sit for a longer period than 
ten days. An officer detailed to serve on a delinquency court for 
the trial of enlisted men shall be paid for each day actually employed 
therein, engaged in the business thereof or in traveling to or from 
the same, and traveling expenses and subsistance when such court 
shall be held at a place other than in the city or town of his residence. 
An officer to whom a warrant for the collection of fines, dues or pen¬ 
alties under the sentence of a military court is delivered shall be paid 
by retaining to his own use twenty-five per cent of the fines, dues 
or penalties collected by him. Such percentage shall be taxed by the 
officer issuing the warrant and endorsed thereon, and added to the 
amount collectable to satisfy the sentence of the court. In addition 
to this percentage a marshal of a military court shall be paid two dol¬ 
lars for each day actually employed in the execution of the duties re¬ 
quired of him, and mileage for actual necessary traveling expenses 
while engaged in executing any process or mandate of a military 
court. Mileage shall be computed at the rate of ten cents for each 
mile necessarily traveled going and returning to serve any process or 
mandate of a military court, the distance to be computed from the 
place where it is served to the place where it is returnable. 

§ 68. Pay of Officers and Enlisted Men Assigned to Special Duty.] 
Any commissioned officer assigned to special duty by the governor 
or under his authority, shall be paid duty pay unless otherwise di¬ 
rected by the governor, for the time actually employed, and his nec¬ 
essary traveling expenses and subsistence, when such payment is au¬ 
thorized by the governor. The judge advocate or his assistant shall 
be paid for services in bringing any suits provided for in this act and 
for services in actions or proceedings by habeas corpusy certiorari^ or 
otherAvise, such compensation as shall be approved by the governor. 
All staft' officers shall be paid duty pay, unless otherwise ordered by 
the governor, for special service ordered by competent authority Avith 
the approval of the governor. Enlisted men, on duty under the 
orders of the goA^ernor, but not at the time serving Avith troops, shall 
receive duty pay, their actual traveling expenses and subsistence. 

§ 69. Salary of the Adjutant General and Expenses of His Office.] 
The salary of the adjutant general shall be fifteen hundred dollars 
annually, A\ffiich, with the necessary expenses incurred in conducting 
the bureau of pensions, office and clerk hire, furniture, fuel, lights, 
postage, freight, expressage and printing shall be paid from the gen¬ 
eral fund by Avarrant clraAvn by the auditor on the treasurer of the 
state on the order of the governor. 

^ § TO. Bureau of Pensions.] The adjutant general shall, in addi¬ 
tion to his other duties, organize and conduct a bureau of pensions 
for the purpose of asissting ex soldiers or sailors, residents of the 
state, who may apply for pension for wounds or disability incurred 
in the service of the United States, in establishing their claims, Avith- 
out fee or commission. 


OFFICIAL BALLOT OF HUGHES COUNTY^ S. DAK. 31 

§ 71. Tresspassers and Disturbers to be Placed in Arrest—Liqors 
and Hucksters’ Sales Prohibited.] The commanding officer upon 
an}’^ occasion of duty may place in arrest during the continuance 
thereof any person who shall tresspass upon the camp ground, parade 
ground, armory, or other place devoted to such duty, or shall in any 
way or manner interrupt or molest the orderly discharge of duty by 
those under arms, or shall disturb or prevent the passage of troops 
going to or returning from any duties. 

He shall prohibit and prevent the sale or use of spirituous liquors, 
wine, ale or beer, the holding of huckster sales, and all gambling 
within the limits of the post, camp grounds, place of encampment, 
parade or drill under his command, or within such limits, not ex¬ 
ceeding one mile therefrom, as he may prescribe. And he m.ay in his 
discretion abate as common nuisances all such sales. 

§ 72. Military Parades by Unauthorized Bodies Prohibited.] No 
body of men, other than the regularly organized troops of the Na¬ 
tional Guard and militia and the troops of the United States, except 
such independent military organizations as now are in existence or 
as hereinbefore provided for, shall associate themselves together as a 
military company or organization or parade in public with firearms 
in any city or town of this state. 

§ 73. Drill and Discq^line.] The drill, discipline, organization and 
uniform of the National Guard shall be the same as that of the army 
of the United States. All matters relating to the organization, dis¬ 
cipline and government of the National Guard, not otherwise pro¬ 
vided for in this act, or in the general regulations, shall be decided 
by the custom and usage of the United States army. 

§ 74. Annual Encampment.] There shall be an annual encamp¬ 
ment, inspection and muster cf all organizations of the National 
Guard, which encampment shall be for at least five consecutive days 
at such time and place as the governor, through the adjutant general, 
sliall order and direct. No person shall be mustered at such time or 
allowed to appear as a part of the National Guard unless he shall 
be duly commissioned or enlisted in the same, nor unless he appear 
2 )roperly uniformed, armed and equipped. Any officer who know¬ 
ingly or wilfully shall place or cause to be placed on such muster roll 
the name of any person not regularly or lawfully commissioned or 
enlisted, or the name of any man who has been discharged or lost his 
membership for any cause whatsoever, or one who has been convicted 
of a felony or has refused to do military duty, for the six months 
immediately preceding the annual encamjjinent, shall be deemed 
guilt}^ of a misdemeanor and subject to courtmartial. 

§ 75. Buies and Begulations.] The governor is hereby authorized 
to make such rules and regulations as he may deem expedient, but 
such rules and regulations shall conform to this act, and, as nearly 
as practicable, to those governing the United States army, and when 
23romulgated shall have the same force and effect as the provisions 
of this act. Such rules and regulations shall not be repealed, altered, 
amended, or added to except by authority of the governor. The rules 
and regulations in force at the time of the passage of this act shall 
remain in force until new rules and regulations are approved and 
promulgated. 

§ 76. Duty for the United States.] Whenever the United States is 
invaded or in danger of invasion from any foreign nation, or of re- 


32 OFFICIAL BALLOT OF HUGHES COUNTY, S. DAK. 

bellion against the authority of the government of the United States, 
or the president is unable with the regular forces at his command to 
execute the laws of the Union, and shall call upon the militia of this 
state or so much thereof as he may deem necessary, all orders issued 
by him for that purpose shall pass through the governor of the state 
or the adjutant general and shall be promptly passed through chan¬ 
nel and executed. 

Whenever the militia of this state or any part thereof is called for 
duty into the service of. the United States they shall be mustered for 
service without further enlistment and shall obey all orders, rules, 
regulations, prescribed for them by the olRcers or officials in their 
command. Am^ officer or enlisted man of the National Guard who 
shall refuse or neglect to present himself for muster into the service 
of the United States upon being called forth so to do shall be subject 
to trial by courtmartial and shall be punished as such courtmartial 
may direct. 

All acts and parts of acts in conflict with the provisions of this act 
are hereby repealed; and Chapter 23 of the Eevised Political Code of 
1903, and Chapter 185 of the Laws of 1903, are hereby repealed in 
their entirety. 

Approved February 19, 1909. 

□ YES 

Shall the Above Measure Become a Law of the State? 

□ NO 


Chapter 223. 

(S. B. 30 C)) 

AN ACT to Divide the State Board into Congressional Districts. 

Be It Enacted hy the Legislature of the State of South Dakota: 

§ 1. That the state of South Dakota be and is hereby divided 
into two congressional districts to be known and designated as Dis¬ 
trict Number One And District Number Two, and one representa¬ 
tive in the congress of the United States shall be elected from and 
by each district, which congressman shall be a resident of the district 
from which he shall be elected. District Number One shall consist 
of and comprise the counties of Aurora, Beadle, Bon Homme, Brook¬ 
ings, Brule, Buffalo, Charles Mix, Clay, Davison, Douglas, Hand, 
Hanson, Hughes, Hutchinson, Hyde, Jerauld, Kingsbury, Lake, Lin¬ 
coln, McCook, Miner, Minnehaha, Moody, Sanborn, Turner, Union, 
and Yankton, and all the other counties of the state, both organized 
and unorganized, shall comprise and constitute District Number 
Two. In case there shall be apportioned to South Dakota additional 
congressmen after the next federal census, said congressman or con¬ 
gressmen shall be elected at large from the entire state until such 
time as the legislature shall redistrict the state. 

Approved March 9, 1909. 

□ YES 

Shall the Above Measure Become a Law of the State? 


n NO 


O 



